3-605. Federal milk ordinance; health and sanitation provisions; exemption

A. Unless inconsistent with this chapter, the production, transportation, handling and sale of milk and milk products and the inspection of dairy herds, dairies and milk plants shall be regulated in accordance with the terms of the federal milk ordinance.

B. The words " health authority" when used in the federal milk ordinance means the director or the director's authorized representative.

C. Powers and duties in the federal milk ordinance relating to health and sanitation are vested in the director. In addition, the director shall adopt rules necessary to assure that all milk and milk products sold or distributed for human consumption are free from unwholesome, poisonous or other foreign substances and filth, insects or disease-causing organisms. The rules shall prescribe reasonably necessary measurements governing the production, processing, labeling, storing, handling and transportation of milk and milk products. The rules shall prescribe minimum standards for the sanitary facilities and conditions that shall be maintained in any dairy or other facility and in any truck or other vehicle in which milk or milk products are produced, processed, handled or transported. The rules shall provide for the inspection and licensing of premises and vehicles so used, and for abatement as public nuisances of any premises or vehicles that do not comply with rules and minimum standards. This subsection and the rules prescribed pursuant to this subsection do not apply to dispensing and selling frozen desserts at retail.

D. The provisions of the federal milk ordinance apply to this state.

E. The department is exempt from the rulemaking requirements of title 41, chapter 6 for the purpose of adopting and implementing the federal milk ordinance.